I looked it up too: “In the UK, under Section 3(2) of the Law Reform (Miscellaneous Provisions) Act 1970, an engagement ring is legally presumed to be an absolute gift. This means she is legally entitled to keep it unless it can be proven that it was given with the condition—express or implied—that it would be returned if the marriage did not happen.”
In Canadian law, accepting an engagement ring is generally classified as entering a conditional gift arrangement rather than a formal, enforceable contract. While traditional contract law elements (offer, acceptance, and a mutual promise to marry) are historically tied to an engagement, Canadian courts rarely treat an engagement ring like a commercial contract.
Key Legal Principles in Canada
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Conditional Gift Status: An engagement ring is legally viewed as a gift made on the implicit condition that the actual marriage takes place.
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If the Wedding Is Called Off: Because the condition of marriage was not fulfilled, the ring must generally be returned to the donor upon request, regardless of who broke off the engagement.
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No-Fault Standard: Provincial statutes (such as Ontario’s Marriage Act) and common-law precedents establish that the court does not consider who was “at fault” for the breakup when ordering the return of the ring.
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Once the Marriage Occurs: As soon as the condition is met (the wedding happens), the recipient gains full legal ownership of the ring as an absolute gift. In the event of a later divorce, it is typically excluded from property division.
Exceptions
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Explicit Absolute Gift: If the donor explicitly states or demonstrates that the ring is a gift without conditions (e.g., “Keep it no matter what happens”), courts may rule it an absolute gift, allowing the recipient to keep it.
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Holiday/Birthday Gifts: If the ring was presented explicitly as a Christmas, birthday, or holiday gift rather than purely in contemplation of marriage, determining ownership becomes more complex.
Well Canada and UK are different than most US states then.
Ok. I am going to share my opinion on this and it may conflict with @Ish and @Schizbro but thats ok.
I think she should give the ring back. Why? Because whether or not its considered a contract or not in the region you are in , she did, in fact, upon accepting and ENGAGEMENT ring give the impression that she intended to marry him. Not doing so(giving the ring back), IMO, would indicate a person of low character.
If it had been a gift and not an engagement ring, I agree that she should keep it.
That all being said, @yinyang has admitted in his more recent posts that she is willing to give the ring back , but he gave it back to her after she did.
I do not believe, that she should have to pay for it, however.
@SzSupportAdmin Good & fair summary. We’ll see how it goes. ![]()
I would just forget about the girl and the ring and move on. You don’t need the grief of fighting to get the ring back, and the time it takes. You mentioned it has already been years..
If there was no easy way to get the ring back I would let it go.
@Mr_Hope Well stated. Have you had a girlfriend or have been married? I’m just asking because it’s good to know what reference your advice is based upon. ![]()
My position is:
She should give it back.
but
You should acknowledge that she may have never been sincere and just wanted the ring.
So
You should take her to court.
But
She otherwise prolly wont buy it off you or give it back after so many years
She makes a 6-figure income, dude. She can buy a ring of her own that’s twice the carat count of my ring. ![]()
Why do you think she hasn’t returned it then if that reasoning holds any water?
That’s a good question and am seeking answers for.
If I remember from the old forum, it was a pretty expensive ring. Maybe she could afford more, but it was pretty expensive for you wasnt it?
Yes it was. Profit margins for engagement rings are huge. 1.25 carat I believe and there are 3.00 carat rings out there that just put my ring to shame.
Yes, I had a girlfriend a long time ago. She broke it off with me implying that I had been unfaithful, which I hadn’t. And then she used that as a excuse to suddenly out of the blue find a new boyfriend before she broke it off with me. One weekend she didn’t come home and then when I called her she told me she was with someone else.
Anyways, it was a painful experience, and looking back in retrospective I wish I hadn’t spent much time on it and just let it go. I also realized she was never the right girl for me. We had something going, but we didn’t really match well at all.
@Mr_Hope I’m sorry to hear that. I guess in the majority of women’s mind is that her man will cheat and that she should cheat 1st to get ahead of the game.
I think this whole topic has an easy solution.
Ask her if she is going to marry you. If she says no, ask her for the ring back again and of she gives it to you this time, instead of giving it back to her in the hopes that she will marry you eventually, keep it.
By giving it back to her , it seems to me you are trying to hold on to hope that she will marry you, whether it exists or not.
If she wont marry you and wont give it back willingly, I would consider whether or not it is worth it to you to take her to court and decide based on that.
No, I don’t think most women are like that. I was just unlucky.
I think it can be possible to take it to court (out of principle) but might cost more than the ring. I dunno the legal costs though/
You see, this gets back to the “story” where she asked me to leave. I understand majority of women do not take the initiative and would rather have the man take the risk instead. I was hurt by that. I don’t want to go through “that” again.
Dude, if you dont want to take action, then I suggest you just forget about the ring. Move on with your life if a little hurt isnt worth the financial aspect.
I dont think asking her to pay for it is a realistic solution.